Civil Procedure Rules of Nova Scotia  
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Part 1 - Applying these Rules

Rule 2 - General

Court to which Rules apply


(1) These Rules apply to proceedings in the Supreme Court of Nova Scotia, including the Family Division of the Supreme Court.
  (2) Rule 90 - Civil Appeal, and Rule 91- Criminal Appeal, apply to proceedings in cthe Nova Scotia Court of Appeal.
Irregularity or mistake
2.02 (1) A failure to comply with these Rules is an irregularity and does not invalidate a proceeding or a step, document, or order in a proceeding.
  (2) A judge may do any of the following in response to an irregularity:
excuse compliance under Rule 2.03;
permit an amendment or grant other relief to correct the irregularity;
set aside all or part of a proceeding, step, document, or order, if it is necessary to do so in the interest of justice.
It is not in the interest of justice to set aside a proceeding, step, document, or order on a motion made after an undue delay by the party who makes the motion or after that party takes a fresh step in the proceeding knowing about the irregularity.
General judicial discretions
2.03 (1) A judge has the discretions, which are limited by these Rules only as provided in Rules 2.03(2) and (3), to do any of the following:
give directions for the conduct of a proceeding before the trial or hearing;
when sitting as the presiding judge, direct the conduct of the trial or hearing;
excuse compliance with a Rule, including to shorten or lengthen a period provided in a Rule and to dispense with notice to a party.
  (2) A judge who exercises the general discretion to excuse compliance with a Rule must consider doing each of the following:
order a new period in which a person must do something, if the person is excused from doing the thing within a period set by a Rule;
require an excused person to do anything in substitution for compliance;
order an excused person to indemnify another person for expenses that result from a failure to comply with a Rule.
  (3) The general discretions do not override any of the following kinds of provisions in these Rules:
a mandatory provision requiring a judge to do, or not do, something;
a limitation in a permissive Rule that limits the circumstances in which a discretion may be exercised;
a requirement in a Rule establishing a discretion that the judge exercising the discretion take into account stated considerations.